Research On The Crime Of "Pig Killing Plate" Network Fraud

With the development of science and technology and the continuous progress of information network technology,people’s daily life is increasingly inseparable from the network.However,while science and technology brings convenient life,the unique product of the information network era-network fraud crime also came into being.Nowadays,the crime of online fraud is "changing with each passing day",and the criminal’s fraud means are becoming more and more sophisticated,which makes it impossible for the people to prevent,resulting in extremely serious social harm.At present,the case of network fraud has become a hot criminal issue in China.The crime of network fraud is not an independent crime in the criminal law,but a form of the crime of fraud.As a new member of the crime of online fraud in recent years,the "pig killing plate" online fraud with the bait of online dating and emotional communication makes the victim more vulnerable to being cheated.At the same time,due to the differences between it and ordinary network fraud,there are many theoretical and practical problems to be solved in the process of law application.In view of this,this paper intends to put forward the feasible path to solve this problem by taking the relevant background research of "pig killing plate" online fraud crime as the starting point,taking practical cases as the object and based on theoretical analysis.In detail,this paper consists of four parts:The first part is an overview of the "pig killing plate" type network fraud crime.On the basis of clarifying the connotation of the "pig killing plate" type network fraud crime,this paper forms the basic cognition of the "pig killing plate" type network fraud crime by introducing the crime process,main characteristics and types of such cases in detail.The second part is the current situation of the regulation of "pig killing plate" network fraud crime.Through the regulation of the criminal law and criminal procedure law,relevant judicial interpretations and other laws and regulations on the "pig killing plate" case,we can find the crux in the process of law application.The third part is the dilemma of the judicial application of "pig killing plate" type network fraud crime.Combined with empirical and current situation analysis,this paper combs out the four dilemmas and problems of "charges and number of crimes","behavior of the teller","collection and identification of criminal evidence" and "determination of the specific amount of crime" in the process of investigating such cases.Based on theory,through the in-depth study of the three theoretical plates and the combination of theory and practice,this paper provides theoretical support for the following exploration and optimization path.The fourth part is the analysis of the judicial application countermeasures of "pig killing plate" network fraud crime.On the basis of the application dilemma mentioned above,combined with the theoretical research results,this paper puts forward targeted optimization suggestions,so as to improve the application of criminal law and effectively crack down on crime.Under the background of the current focus on the governance of China’s telecom network fraud crime,the domestic research on the "killing pig dish" case is mostly the public security investigation and prevention countermeasures,and the rare theoretical research is mostly local research.Therefore,through systematic combing and analysis,this paper is committed to realizing the organic combination of theory and practice,in order to provide some help for the research and resolution of this problem.